[kictanet] It's a new twist for Econet Wireless

[Brian Longwe]

on this particular topic I feel compelled to speak out and loudly  
emphasise my support for Dr. Ndemo's comments.

The parody of appeals made by the group that called themselves KTIG  
when they lost to Econet was a total demonstration of ineptness and a  
lack if understanding of the process by which licensing disputes  
ought ought to be handled. Add to that the blatant disregard to the  
phased process by which CCK handled tenders (one that was so  
efficient that parts of it have now been adopted as part of standard  
procurement).......In mentioning the amounts of money that were bid  
for the 3rd GSM, our colleague somehow forgot/overlooked the small  
detail that CCK requested bidders to submit their bids with technical  
and financial in separate sealed envelopes. Any bidder who didn't  
pass technical didn't have their financial bid opened. KTIG failed at  
the technical bid stage. Their financial bid was never opened (and  
probably is still sealed) so only they can claim whatever amount it  
was that was bid. Out of the subsequent parties that passed the  
technical stage, Econet won fair and square.

The subsequent rigmarole that saw entire delegations flying to  
Zimbabwe to demand their % and kitu-kikubwa is a story for another  
day. Needless to say that all of these delegations were shown the  
door by Masiyiwa - a man whose reputation for zero tolerance for  
corruption is well known in the African market.

I won't even begin to go into the mud-slinging and witchhunt that  
then ensued - with various KTIG actors furiously fanning any sign of  
an anti-econet spark - to the point that the then Minister even went  
as far as assuming the role of regulator and issuing a roadside  
declaration that the license was cancelled , then eventually finding  
himself in a hole so deep that in frantic efforts to save face he  
sacked the entire CCK board on allegations of corruption, which  
actually dug a deeper hole - that eventually dragged the entire  
cabinet and even state house into a damage-control and fire-fighting  
mode and eventually saw the portfolio for information & communication  
quitely handed over to other who were less susceptible to leaning on  
every word spoken with a tweng.

Guys, let's face it - this market is HOT - RED HOT. Everybody wants  
to get in. In my career and history I have never seen such a case of  
sour grapes as what KTIG did regarding the Econet issue.

I'm telling you the day I see my Nokia (but do I say) showing a 3rd  
signal that reads Econet I shall send up a prayer for the righteous  
who put their enemies to shame.

Mblayo




On Aug 2, 2007, at 11:35 AM, John Walubengo wrote:

> OK. I must agree, I have finally landed on a topic that
> seems so entangled that i have nothing to say but lurk in
> background and watch the stories as they unfold - like so
> many other Listers...
>
> seems i went offline and missed a couple of mails since am
> still looking for the so called "spilled beans"...but am
> sure i will get them since am reading the mails in reverse
> order in which they hit my mailbox.
>
> Crazy what technology forces us to do - reading emails in
> reverse order is exactly similar to watching a recorded
> football match in Rewind Mode for 90 minutes!
>
> walu.
>
> --- Mike Theuri <mike.theuri at gmail.com> wrote:
>
>> Dear Dr. Ndemo,
>>
>> It is not clear that there is any overseeing independent
>> party that
>> maintains oversight over the regulator. While the
>> Government should
>> not interfere with the regulator's activities, what
>> recourse or
>> mechanisms are in place to ensure that the regulator
>> performs its
>> statutory duties and obligations per the law and what
>> remedial action
>> is available if the regulator fails to perform its duties
>> other than
>> replacing the regulator's officials? The regulator is
>> constantly at
>> risk of being in conflict with the Executive arm of
>> Government which
>> in itself suggests a lack of true independence by the
>> regulator.
>> However these are issues substantial enough for another
>> day and topic.
>>
>> As Kenyans we are all interested parties in this matter
>> more so
>> particularly on this industry related discussion list.
>> Indeed in 2003
>> when over 48 elected Kenyan MPs and by extension
>> representatives of
>> wananchi rose up in opposition to the licence, I doubt
>> they were being
>> insincere and unpatriotic Kenyans. Also when Vice
>> President Awori on
>> Ushirika Day 2007 was recently reported as advocating the
>> award of the
>> licence to KNFC, I'm certain that did not make him an
>> insincere
>> Kenyan.
>>
>> Adopting a doctrine where issues are only addressed if
>> one supports
>> the licence award is unfortunate. I have nothing to hide,
>> I have
>> discussed simple, plain and verifiable facts available to
>> any member
>> of the public or investigative body willing to seek the
>> same
>> information from the public domain.
>>
>> Let us not confuse the issues which the said sources
>> (whom I presume
>> to be truly interested parties and to whom I extend an
>> invitation to
>> emerge from the shadows of anonymity and join this open
>> debate) are
>> apparently distorting in an attempt to muddy the waters
>> so as to sweep
>> under the carpet what is factually available in the
>> public domain and
>> has been raised by many independent parties, diplomats
>> and the media
>> over the last 4 years:
>>
>> 1. Cancellation and Re-tendering of the licence in a
>> transparent and
>> vetted manner based on irregularities and egregious
>> violations of
>> tendering and procurement procedures during the initial
>> tender.
>> 2. The disenfranchisement of Kenyan shareholders from a
>> consortium
>> they were part of, which is contrary to the tender rules
>> and
>> procedures.
>> 3. Awarding the licence to an entity which is a stranger
>> to the
>> licence by the fact that it excludes certain members of
>> the bidding
>> consortium.
>>
>> These are all separate but intertwined issues listed in
>> order of
>> precedence. First and foremost I  do not support the
>> issuance of the
>> licence due to the flawed manner in which the tender was
>> handled. And
>> should it turn out that the licence has been irregularly
>> issued
>> rendering the first issue academic, I do not support
>> disenfranchising
>> Kenyans at the behest of foreigners from a company in
>> which Kenyans
>> are supposed to own 82%. I am acting in my personal
>> capacity as an
>> ordinary Kenya citizen who has been following the sector
>> starting with
>> the 2nd mobile licence tender and who is keen on
>> supporting Kenyan led
>> initiatives in the industry. As stated before, the
>> matters in
>> controversy on the licence are in the public domain and
>> documents
>> merely state their contents.
>>
>> The ability to conduct fair and transparent tendering in
>> the ongoing
>> liberalisation of the sector is of paramount importance
>> and concern to
>> any party keen on the industry. If the issues are not
>> addressed
>> satisfactorily, the country will only continue to attract
>> 3rd or 4th
>> rate capital as opposed to 1st rate capital.
>>
>> If there are any doubts about objectivity, one only needs
>> to refer to
>> the tender documents, The Kenya Communications Act, The
>> Kenya
>> Communications Regulations, Exchequer and Audit
>> Regulations, the
>> Anti-Corruption and Economic Crimes Act for these are the
>> laws of the
>> Republic that govern the matter at hand.
>>
>> Thank you for your time and availability to discuss with
>> members of
>> the  public this issue of national importance. I would
>> hope that other
>> public officials would emulate and be as open and
>> accessible to the
>> public as you have been.
>>
>> Regards,
>>
>> Mike Theuri
>>
>>
>> On 8/1/07, bitange at jambo.co.ke <bitange at jambo.co.ke>
>> wrote:
>>> Dear Mr. Theuri,
>>> Thank you for supplying more details.  You raise many
>> issues here and more
>>> importantly is the fact that you understand the
>> difference between
>>> regulatory and policy.  For smooth running of the
>> industry, the regulator
>>> must be independent.  The current Government at least
>> wants an indepedent
>>> regulator.  We must leave regulatory issues to the
>> regulator.  The Econet
>>> matter is regulatory.  The Government has extricated
>> itself from mixing
>>> regolatory and policy issues.  This is simple and
>> straight forward.
>>>
>>> Your problem is the fact that you are a party to the
>> issues sorrounding
>>> Econet and you are not disclosing that to your
>> audiences. At some point I
>>> am told you did not want KNFC to have access to the
>> licence.  Now you are
>>> advocating issuance of the same licence to KNFC.  I
>> deceided to engage
>>> with you in this discussion because I thought you were
>> a sincere Kenyan
>>> interested in seeing justice.  I now know that you
>> cannot in any way see
>>> issues in this matter objectively.  You will therefore
>> excuse met from
>>> further discussion on this issue.  I HAVE RESTED MY
>> CASE.
>>>
>>>
>>> Regards
>>>
>>>
>>> Ndemo.
>>>
>>
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